Environment Act 2021

Local nature recovery strategies E+W

104 Local nature recovery strategies for England E+W

(1) There are to be local nature recovery strategies for areas in England.

(2) Together the local nature recovery strategies are to cover the whole of England.

(3) The Secretary of State is to determine the areas within England to which individual local nature recovery strategies are to relate.

(4) The area of a local authority, other than a county council, may not be split between local nature recovery strategies.

(5) Section 40(2A) of the Natural Environment and Rural Communities Act 2006 (duty to conserve biodiversity) makes provision about the duties of public authorities in relation to local nature recovery strategies.

Commencement Information

I1 S. 104 not in force at Royal Assent, see s. 147(3)

I2 S. 104 in force at 24.1.2022 by S.I. 2022/48, reg. 2(n)

105 Preparation of local nature recovery strategies E+W

(1) A local nature recovery strategy for an area (“the strategy area”) is to be prepared and published by the responsible authority.

(2) The responsible authority for a local nature recovery strategy is such one of the following authorities as is appointed by the Secretary of State—

(a) a local authority whose area is, or is within, the strategy area;

(b) the Mayor of London;

(c) the mayor for the area of a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

(d) a National Park authority in England;

(e) the Broads Authority;

(f) Natural England.

(3) A local nature recovery strategy is to be reviewed and republished from time to time by the responsible authority.

(4) The Secretary of State may by regulations make provision about the procedure to be followed in the preparation and publication, and review and republication, of local nature recovery strategies.

(5) Regulations under this section may, for example, include provision—

(a) requiring the provision of information by a local authority whose area is, or is within, the strategy area but which is not the responsible authority;

(b) for a local nature recovery strategy to be agreed by all of the local authorities whose areas are within the strategy area;

(c) for the procedure for reaching such agreement and for the resolution of disagreements (including resolution by the Secretary of State or by a public inquiry);

(d) for consultation, including consultation of members of the public;

(e) for the times at or after which a local nature recovery strategy is to be reviewed and republished.

(6) Regulations under this section are subject to the negative procedure.

Commencement Information

I3 S. 105 not in force at Royal Assent, see s. 147(3)

I4 S. 105 in force at 24.1.2022 by S.I. 2022/48, reg. 2(n)

106 Content of local nature recovery strategies E+W

(1) A local nature recovery strategy relating to an area (“the strategy area”) is to include—

(a) a statement of biodiversity priorities for the strategy area, and

(b) a local habitat map for the whole strategy area or two or more local habitat maps which together cover the whole strategy area.

(2) The statement of biodiversity priorities referred to in subsection (1)(a) is to include—

(a) a description of the strategy area and its biodiversity,

(b) a description of the opportunities for recovering or enhancing biodiversity, in terms of habitats and species, in the strategy area,

(c) the priorities, in terms of habitats and species, for recovering or enhancing biodiversity (taking into account the contribution that recovering or enhancing biodiversity can also make to other environmental benefits), and

(d) proposals as to potential measures relating to those priorities.

(3) A local habitat map referred to in subsection (1)(b) is a map identifying—

(a) national conservation sites in the strategy area,

(b) any nature reserves in the strategy area provided under section 21 of the National Parks and Access to the Countryside Act 1949, and

(c) other areas in the strategy area which in the opinion of the responsible authority—

(i) are, or could become, of particular importance for biodiversity, or

(ii) are areas where the recovery or enhancement of biodiversity could make a particular contribution to other environmental benefits.

(4) A local habitat map which does not relate to the whole of the strategy area must relate to the area of one or more local authorities within the strategy area.

(5) The Secretary of State may issue guidance as to—

(a) information to be included in a local nature recovery strategy pursuant to the requirements in subsections (1) to (3), and

(b) any other matters to be included in a local nature recovery strategy.

(6) A responsible authority must have regard to the guidance when preparing a local nature recovery strategy.

(7) The Secretary of State must lay before Parliament, and publish, the guidance.

Commencement Information

I5 S. 106 not in force at Royal Assent, see s. 147(3)

I6 S. 106 in force at 24.1.2022 by S.I. 2022/48, reg. 2(n)

107 Information to be provided by the Secretary of State E+W

(1) For the purpose of assisting responsible authorities in their preparation of local nature recovery strategies, the Secretary of State must prepare and publish a national habitat map for England.

(2) The national habitat map must in particular identify—

(a) national conservation sites, and

(b) other areas that in the opinion of the Secretary of State are of particular importance for biodiversity.

(3) The Secretary of State may from time to time review and republish the national habitat map.

(4) The Secretary of State must inform a responsible authority of any area in the authority’s strategy area which falls within subsection (5).

(5) An area falls within this subsection if in the Secretary of State’s opinion—

(a) the area could be of greater importance for biodiversity, or is an area where the recovery or enhancement of biodiversity could make a contribution to other environmental benefits, and

(b) the area could contribute to the establishment of a network of areas across England for the recovery and enhancement of biodiversity in England as a whole.

(6) The Secretary of State must provide a responsible authority with any other information—

(a) that is held by the Secretary of State, and

(b) that the Secretary of State considers might assist the authority in preparing a local nature recovery strategy.

Commencement Information

I7 S. 107 not in force at Royal Assent, see s. 147(3)

I8 S. 107 in force at 24.1.2022 by S.I. 2022/48, reg. 2(n)

108 Interpretation E+W

(1) This section has effect for the purposes of sections 104 to 107.

(2) “Local authority” means—

(a) a county or district council in England;

(b) a London borough council;

(c) the Common Council of the City of London;

(d) the Council of the Isles of Scilly.

(3) “National conservation site” means—

(a) a site of special scientific interest, within the meaning of Part 2 of the Wildlife and Countryside Act 1981;

(b) a national nature reserve declared in accordance with section 35 of that Act;

(c) a Ramsar site, within the meaning of section 37A of that Act;

(d) a marine conservation zone designated under section 116 of the Marine and Coastal Access Act 2009;

(e) a European site, within the meaning of regulation 8 of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012).

Commencement Information

I9 S. 108 not in force at Royal Assent, see s. 147(3)

I10 S. 108 in force at 24.1.2022 by S.I. 2022/48, reg. 2(n)